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Terms and Conditions

This site is operated by Colbette II Ltd. Registered address: 178 Athalassas Avenue (3rd Floor), 2025 Nicosia, Cyprus.

(26.06.2007)

1.) Object and Purpose of this Agreement

(1) Object of this contract between the User and the Operator are the online offerings selected by the user, the Operator's proprietary accounting and access management platform (or software made available by component suppliers) which is necessary for specific payment procedures, and the requisite proof of age mechanism in the adult area.

(2) The Operator currently provides the User with the following payment methods:
   – Credit card (selected countries)
   – Electronic direct bank debiting (Austria and Germany)
   – Prepayment (selected countries)

(3) The desired method is chosen by the User himself.

2.) Utilization of Services

(1) In reference to the usage of the individual online offerings, Operator's proprietary access providing system, and the software for payment processing and proof of age, a contractual agreement shall be closed exclusively between the User and the Operator.

(2) The Operator is responsible for the proper usage of the online offering selected by the User. Complaints or criticism are to be directed immediately and exclusively to the Operator only.

(3) The Operator is authorized to assert claims in his own behalf and on his own account for outstanding payments.

3.) Payment

(1) The User authorizes the booking of all membership fees, as well as costs resulting from the purchase of any additional products, services or entertainment offers presented by this online offering, by the Operator from the bank account or credit card of the User as long as this contract has not been terminated in accordance with its termination conditions.

(2) The non-collectability of due payments per credit card or bank payment, for reasons which lie in the sphere of responsibility of the User, results in a default of payment status; a separate monition or warning notice is not required. Transactions which are not redeemed result in a fee of 5.00 USD per transaction to cover handling charges. Chargeback transactions result in a fee per transaction as follows:

   10.00 USD for bank debit payment from Germany
   15.00 USD for bank debit payment from Austria
   25.00 USD for credit card payment

In addition, the offending account will be temporarily deactivated until the outstanding payment has been received.

(3) Dependent on the country of origin of the credit card used for payment, currency conversion fees may apply. Since these fees are levied by the card issuing bank, the Operator has no influence on them.

4.) Cancellation

(1) Memberships with recurring payments can be cancelled at any time by the User without explanation or declaration of reason. Memberships with fixed duration or one-time payments do not require a cancellation. Regardless the Operator can execute an extraordinary notice of cancellation for significant reasons.

(2) The following alternatives are available to the User for cancellation:
   – Usage of the administrative account area located at our support site.
   – Via email to support@mydirtyhobby.com.
   – By sending us a message via our contact form, which can be accessed at our support site.
   – By telephone during our business hours.
   – By telefax.
   – By contacting our support staff directly via Livesupport during our business hours.

(3) The period of notice for the cancellation of subscriptions with recurring payment is 2 working days, calculated from the expiration of the respective accounting period. Time elapsed is measured relevant to the date/time of the receipt of the termination by the Operator.

(4) The cancellation document must state the access data (user name and password) or the subscription number assigned by the Operator, as well as the name of the site to be terminated. The Operator is not responsible or liable for delays in the processing of cancellation requests which result from incomplete or missing User information.

(5) Confirmation of all cancellations will be sent to the email address stored in his User account. In case of doubt, the User is obligated to prove the sending of a cancellation and/or the reception of cancellation confirmation.

5.) Data Collection and Storage

(1) The Operator will collect, process and store data as required in order to render and bill services. This is relevant to stock, usage and billing data.

(2) The Operator is authorized to acquire information relevant to the User from enterprise credit and credit security agencies. The User consents to Operator's right to register data in cases of behavior which is not in compliance with contractual agreement (e.g. credit card confiscation due to improper usage by the card holder, causing of reversal debit in cases of undisputed claims, foreclosure (levy of execution) sanctions, etc.). In compliance with the Data Protection Act, this registration can only take place when required in order for the Operator to protect its legitimate interests and when such registration does not impair interests of the User which are entitled to protection.

6.) Fundamental Requirements for Membership

(1) In principle, the membership must not be shared with other persons or transferred to third persons or parties. The dissemination of access data to third persons or parties is strictly forbidden!

(2) The User must immediately inform the Operator in the following cases: Alteration to the validity date of the credit card or bank account details implemented for the subscription, amendments or modification of the billing or home address, obvious security violation, for example loss, theft or illegal usage of a user name or password. The User is responsible for the payment of all costs incurred during the period after the occurrence of a security violation and before the Operator is informed of said violation via mail, fax or telephone.

(3) The User is responsible for the provision and configuration of computers and communications devices, software or plug-ins, which are required in order to be able to successfully access and implement the content provided.

7.) Supplementary Membership Requirements (Adult Content)

(1) Online offerings can contain so-called Adult Content. The implementation of these offerings is allowed only by users who are at least 18 years of age and are of full age according to the rights of the country of their abidance.

(2) In cases of offerings which contain Adult Content, the provision of applicable proof of age by the user is required prior to his/her registration. The usage of adult offerings requiring payment is not possible or permissible until proof of age has been presented. The User shall also prove evidence of his/her age of consent upon request by presenting a copy of his/her identity card or passport as well as a copy of his/her bank account information or credit card used for registration.

(3) The User specifies his/her own username and passport for purposes of identification when registering. Both username and passport must not be compromised to third parties, in particular to minors.

8.) Liabilities

(1) The Operator does not assume liability for the transfer of the data and files of online offerings. All content has been tested and found to be executable using the standard configuration of current browser versions from Microsoft© and Netscape© under Windows. It must however be noted from the outset that malfunctions can be provoked by the deactivation of Cookies, Java or JavaScript, usage of Firewalls or the implementation of security or operating systems not recognized by Microsoft. The User is himself responsible for the proper configuration of his PC, network, internet connection and additional software and plug-ins.

(2) In all other cases, especially regarding the mode of operation of the respective access management software from the Operator and proof of age, the Operator accepts liability to the User only for damages which are caused deliberately or through wanton negligence, or which result from the concealment by the Operator of deficiencies in the access management system or respective software from the User, regardless of the legal grounds.

(3) The Operator can not be made liable for User damages resulting from the downloading of content or software from the internet or from other transactions related to the access management systems or software from the Operator.

(4) Regardless of legal grounds, the Operator is categorically liable only for damages which are caused deliberately or through wanton negligence and for damages which are caused by a simple negligent breaching of a significant and contractual major responsibility or by the absence of a guaranteed feature or attribute. Liability for other simple negligence is excluded.

(5) The liability of the Operator in the case of simple negligent breaching of a significant contractual major responsibility is limited in amount to typically predictable damages.

9.) Alterations

(1) The Operator reserves the right to modify these terms and conditions of membership in the future. The User will be notified as to modifications to these terms and conditions in electronic form via email.

10.) Severability Clause

(1) The establishment of the inefficacy of one or more conditions or specifications in this agreement compels the involved parties to replace the condition or specification deemed ineffective by a substitute condition or specification which represents or approaches the purpose of the agreement and which the involved parties would have accepted as achieving the same economic result, had they recognized the inefficacy of the condition or specification in question. The same applies to the incompleteness of conditions or specifications accordingly.

(2) The establishment of the inefficacy of one or more conditions or specifications in this agreement does not affect the efficacy of the remainder of the agreement.

(3) Court of jurisdiction in cases of legal dispute shall be agreed upon as the place of business of the Operator, should the User have no general court of jurisdiction in the country of the Operator, or should the User have transferred his place of abode or residence to a foreign country after contract conclusion, or when the place of business or residence of the User is unknown at the time the claim is placed.






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